Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-02-11-Speech-3-238"
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"en.20040211.8.3-238"2
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".
Mr President, ladies and gentlemen, I would firstly like to say that the Commission is very pleased with the European Parliament’s support for the creation of a European order for payment procedure. Parliament’s suggestions on the special characteristics of this process – which we are truly very grateful for – will be taken into account in the preparatory work prior to the adoption of a regulation creating a European enforcement order in the very near future.
I would like to thank the Committee on Legal Affairs and its rapporteur for their support for the Commission’s initiative on the conversion of the 1980 Rome Convention on the law applicable to contractual obligations into a Community instrument in order to guarantee that it is interpreted coherently and to speed up its entry into force in the new States.
When we draw up the proposal relating to this instrument, we will certainly consider carefully the extremely valuable comments which appear in the report on various issues of a more technical nature and, as I have said, following the broad consultation process we have launched by means of the Green Paper, it should be possible to adopt a proposal for a Regulation in 2005.
I am pleased to see that we also agree on the idea that the order for payment procedure should not replace or harmonise national procedural law, but that it should be an alternative and optional instrument, and that, furthermore, it should be exclusively applied to pecuniary claims regardless of whether they relate to contractual obligations or non-contractual obligations, and regardless of their value.
I would also like to point out that we agree with the opinion that there is no justification for establishing separate rules on jurisdictional competence which differ from those laid down in Regulation (EC) No 44/2001 (‘Brussels I’) and we agree with the emphasis placed on the appropriate protection of rights to defence.
The Commission also agrees that the direct enforceability of the judgments issued in this procedure should be achieved by means of the future regulation creating a European enforcement order for uncontested debts.
These shared convictions will be fully satisfied in the coming proposal for a regulation although there are other issues on which Parliament does not appear to have made a definite proposal, but rather maintains a more open approach: as in the case of the choice of a model of a single stage based on evidence or a model of two stages without evidence.
In any event, with a view to creating a truly uniform European procedure, the Commission will have to take a decision and I expect that it will opt for a procedure which does not require the presentation of written evidence.
The Commission would find it unfortunate if, unlike in other cases – such as the Directive on free legal aid for example – Parliament did not support a broad scope, which also addressed national situations, and simply advocated a more restrictive approach.
We would like to thank the Committee on Legal Affairs and the Internal Market and its rapporteur for their comments on the Green Paper on the future Community instrument for small-claims litigation.
We must also say that we intend to present – around October of this year – a proposal for a Community instrument with a broad scope, a proposal which will be preceded by extensive consultation, both of the Member States and of all the parties involved. Its objective will be to simplify and speed up small-claims litigation, and in this regard we expect that it will consist of two elements: the first of them will create a European small-claims procedure, which will be an optional instrument to supplement the existing possibilities in the various States; and the second will replace the intermediate measures – the ‘exequatur’ – in order to allow for the recognition and implementation in other States of the judgments issued in a European small-claims procedure."@en1
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